Personal Right In Public Law

In recent years, there exists a lot of discussion on personal right in private law system. However, the discussion on personal right in public law is very little. As an important private right, personal right not only exists in private law like civil law, but also exists in public law like constitution law. A full range of personal rights protection system should be consisted of public and private law. Simply rely on the private law can't solve the problem that public power violate personal right. Research on the personal right through public law can help us establish theory of the personal right, balance the individual and public interests, promote the comprehensive protection of personal right and coordinated development of society as a whole.Due to the closed relationships between the public law and private law in personal right, this article begin with the discussion on personal right in private law, focus on the personal right in public law system and protection, the relief system, etc. This article divided into four parts.The first part mainly discusses the personality and understanding the personal right in private law. Mainly describe the source of personality and its meanings. Give us an understanding of personal right come from the essence of people's material living conditions, also, recognized by law as embodied in the personality of the relationships between the civil law. With the development of the society, personal right has been developed a lot, exists in private law through worldwide.The second part of the article mainly analyzes the personal right in public law. Although private law has more complete rules on personal right, still in the real world, the violations on the personal right usually come from the public power. Traditional public culture and other factors stopped the protection on personal right. Then the article analyzes the personal right on public law. Around the world, the first time to confirm the personal right in public law is the constitution of 1946, Hessen, Germany. Then, many constitutions start to confirm personal right, make the personal rights more complete.The third part discusses the protections of personal rights in public law. With the development of the economic, social problems increase a lot, this make the personal right protection weakened. For example, violations of the personal rights are likely to come from the state that use private measure to replace traditional meanings of public law, we call this "non-power behavior", such acts cannot solve through public law. In order to enhance the complete protection on personal right, we can give the civil right some of private effectiveness. This article takes civil rights for example. Then, in the article gives two relief ways:the constitutional right litigation and state compensation.The last part discusses how to strength the public law concept on personal right. So, we should strength the protection on civil right, especially the political rights, such as vote right, the right to express freely. At the same time, make the whole society to develop a respect for personal rights ideas so that we can build a harmonious country.